Per California's driving under the influence (DUI) laws, it's illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages: 0.08% or higher― 21 years old or older operating a regular passenger vehicle.

California DUI Defined. They only needed to prove that the driver was operating the vehicle and that his blood alcohol content was above the legal limit. A couple of generations ago, drunk driving was almost acceptable. The first California DUI laws were established in 1911 long before the state was crowded with over 20 million automobiles and 19 million licensed drivers. You’ve probably heard about “one for the road” — it was a common refrain at parties and bars and the phrase was often used in songs and movies during the last century. The first state to adopt anti drinking and driving laws was New York in 1910. In 1972, states began to pass per se DUI laws, where the state did not need to prove that the alcohol affected the driver's ability to operate the motor vehicle. 0.04% or higher―operating a commercial vehicle.

California followed the following year stating that no "intoxicated" person shall drive. A BRIEF HISTORY OF DUI LAWS .

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